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General terms and conditions of use of the
myexcess.excess-catamarans.com website

Updated on 1 March 2023

INTRODUCTION

The purpose of these general terms and conditions of use (the “T&Cs”) is to determine the rules governing the use of the website myexcess.excess-catamarans.com (the “Website”) made available by CONSTRUCTION NAVALE BORDEAUX, a French simplified limited company (société par actions simplifiée) with capital of 3,487,500 euros, registered in the SIRENE directory under the number 342012390, and registered with the Bordeaux Trade and Companies Register, whose head office is located at 162 Quai de Brazza in Bordeaux (33072), France (the “Company”).

Any person visiting the Website will be considered to be a “User”.

The applicable T&Cs are those in force on the date of the visit to the Website until they are replaced by a new version.

The T&Cs may be modified by the Company at any time and without notice.

ARTICLE 1 – ACCESS TO THE WEBSITE

By visiting the Website, the User acknowledges that they have familiarised themselves with these Terms and Conditions and agrees to comply with them without any reservation.

Access to the Website is free of charge. However, the equipment and any connection costs for accessing the Website are the responsibility of the User.

The Website is accessible to all Users. However, access to some of the Website’s content requires the User to create a personal account (the “Account”). A User who has such an Account is a “Registered User”. Only owners of a Excess catamaran, purchased new or used, can create an Account.

Access to the Website’s content that requires the creation of an Account is permitted only to Users who have obtained the activation of an Account in an entirely lawful manner. If this is not the case, the User would be guilty of the offence of fraudulent access to an automated data processing system punishable by the applicable penalties (Article 323-1 et seq. of the French Penal Code).

ARTICLE 2 – PERSONAL ACCOUNT

2.1. Creation of the Account

The User must fill in all the information marked with an asterisk in the forms on the Website. Otherwise, the request to create an Account will be disregarded.

The User warrants the accuracy of all the information that they provide and undertakes to notify the Company immediately of any change in this information by updating their Account accordingly.

Any inaccurate information will be deemed a serious breach of the T&Cs and will entitle the Company to delete the User’s Account under the conditions described below.

During registration, the User is asked to create a username and password. An Account activation link is sent by email so that Users can complete their registration.

2.2. Deregistration – Deletion of the Account

The User may delete their Account at any time. In this event, all information accessible via the Account will be deleted and some content will no longer be accessible.

In the event of inactivity on the Account for an uninterrupted period of six (6) months, or in the event of a breach of the T&Cs by the User, the Company reserves the right to delete the Account of the User concerned.

ARTICLE 3 – USE OF THE WEBSITE

The User undertakes to use the Website in an honest manner, exclusively in accordance with its intended purpose and in compliance with legal provisions, regulations and normal practice, and not to misuse or attempt to misuse any of the functionalities of the Website outside its normal use as defined in these T&Cs.

The Website gives Registered Users the option to interact directly with the Company through comments, contact forms and the sending and hosting of documents through their Account. Users are solely responsible for the elements communicated via the Website and undertake to comply strictly with the applicable rules and laws, in particular to ensure that their comments and/or any documents sent:

  • do not violate and are not contrary to public order, decency or the sensibility of minors;
  • do not violate in any way the reputation, privacy or image rights of third parties;
  • are not derogatory, defamatory, abusive, obscene, violent, racist or xenophobic;
  • do not violate the image or reputation of any brand or any natural or legal person in any way;
  • are not used for the purposes of threats or harassment in any way;
  • do not incite hatred, violence, suicide, racism, antisemitism, xenophobia, discrimination for any reason whatsoever and in particular on grounds of religion, gender, race, sexual orientation or disability;
  • do not endorse war crimes or crimes against humanity and do not incite to commit a crime, offence or act of terrorism;
  • are not pornographic or paedophilic;
  • do not violate the security or integrity of any State or territory;
  • do not violate the intellectual property rights or other third-party rights of any person.

ARTICLE 4 – INTELLECTUAL PROPERTY

All data of any nature whatsoever, in particular the texts, articles, questionnaires, graphics, logos, icons, images, audio or video clips, photographs, trademarks, software and features of the Website that appear on the Website, are necessarily protected by copyright, trademark law and all other intellectual property rights and belong to the Company or to third parties that have authorised the Company to make use of them. No element of the Website may be used, reproduced, represented, distributed, decompiled, indexed or scraped by any technical process without the Company’s prior written consent.

The Company prohibits any User from extracting, by permanent or temporary transfer, all or a qualitatively or quantitatively substantial part of the content of the Website’s databases onto another medium, by any means and in any form whatsoever.

ARTICLE 5 – MANAGING CHANGES TO THE WEBSITE

The Company will make its best efforts to ensure the proper functioning of the Website and undertakes to keep it secure for visitors.

However, the Company is not bound by any obligation of availability and continuity with respect to the User.

To ensure the proper functioning of the Website, and in particular in the context of maintenance operations, updates or technical improvements, the Company may at any time:

  • suspend, interrupt or limit access to all or part of the Website;
  • remove any information that might interfere with its functioning or violate national or international laws.

The Company undertakes to carry out or arrange the maintenance operations necessary to restore the proper functioning of the Website as soon as possible.

Due to the particular nature of the Internet, access to the Website may be interrupted or restricted at any time due to a cause beyond the Company’s control. In such an eventuality, the Company cannot be held liable. Similarly, the Company cannot be held liable in the event of any interruption of access to the Website due to maintenance operations, updates or technical improvements, or in order to change its content and/or presentation.

ARTICLE 6 – GUARANTEES AND LIABILITY

The Company cannot be held liable for any indirect, incidental or consequential damages, whether foreseeable or unforeseeable, caused to the User or a third party, in particular loss of income or profit, loss of data or equipment, including the costs of any recovery, reproduction or remediation of such losses, resulting from the use of the Website.

The Company cannot be held liable in the event of any damage caused by the User or a third party, including partners, or by a circumstance of force majeure, meaning any event recognised as such by French law and case-law, as well as any choking or slowing of the electricity and/or telecommunications networks.

ARTICLE 7 – PERSONAL DATA

To find out more about the collection and processing of personal data, the use of cookies and the rights enjoyed by the User under the applicable personal data protection regulations, the User may refer to the personal data protection policy available on the Website.

ARTICLE 8 – HYPERLINKS

Any hyperlink to the Website is prohibited without the Company’s prior written permission. The Company reserves the right to withdraw such permission and delete the link at any time if the User does not comply with the applicable legislation or if the link does not comply with these T&Cs and other Company policies.

The Website may contain hyperlinks redirecting the User to third-party websites not published by the Company. The Company does not exercise any control over these sites and cannot under any circumstances be held liable for the content published on third-party sites or for any damage or prejudice arising from visiting such sites.

ARTICLE 9 – APPLICABLE LAW AND COMPETENT COURT

These T&Cs are subject to French law.

In the event of any dispute or litigation arising from visiting the Website, Users may refer the matter for mediation.

In the event of a complaint not settled amicably by the Customer Service Department, and in accordance with Article L. 612-1 of the Consumer Code, Users may resort free of charge to the CM2C mediation service, to which the Company subscribes:

Regardless of the means employed to request mediation, (post, email), the request must contain the following elements in order to be processed quickly: the User’s postal address, email address and telephone number, as well as the name and address of the Company, a brief statement of the facts and proof of the prior steps taken with the Company. However, the dispute may not be examined if the claim is manifestly unfounded or improper, if the dispute has been examined previously or is being examined by another mediator or by a court, if the User has submitted their request to the mediator more than one year after the written complaint made to the Company, if the dispute does not fall within the scope of the mediator’s competence, or finally if the User fails to prove that it has first tried to resolve its dispute directly with the Company by means of a written complaint.

Users may also resort to the European Union’s online mediation service available on the following website: https://ec.europa.eu/consumers/odr/main/?event=main.home2.show&lng=EN.

The above provisions do not limit Users’ rights to bring proceedings before the courts.

Any dispute with a User arising from the use of the Website will be referred to the competent courts of the Court of Appeal of Nantes, including in cases of emergency, warranty claim or multiple defendants.

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